A. No license shall be issued under the provisions of this chapter to:
1. A person who is not a resident of the village.
2. A person who is not of good character and reputation in the community in which he resides.
3. A person who is not a citizen of the United States.
4. A person who has been convicted of a felony under any federal or state law, unless the commission determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the commission's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
5. A person who has been convicted of being the keeper or is keeping a house of ill fame.
6. A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
7. A person whose license issued under this chapter has been revoked for cause.
8. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.
9. A copartnership, if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership, would not be eligible to receive a license hereunder for any reason.
10. A corporation or limited liability company, unless it is incorporated or organized in Illinois, or unless it is a foreign corporation or foreign limited liability company which is qualified under the business corporation act of 1983 1 or the limited liability company act 2 to transact business in Illinois. The commission shall permit and accept from an applicant for a license under this chapter proof prepared from the secretary of state's website that the corporation or limited liability company is in good standing and is qualified under the business corporation act of 1983 or the limited liability company act to transact business in Illinois.
11. A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee.
12. A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, subsequent to the passage of the liquor control act of 1934, as amended from time to time.
13. A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued.
14. Any law enforcing public official including the village local liquor control commission, any president of the village board of trustees, any member of the village board of trustees; and no such official shall have a direct interest in the manufacture, sale, or distribution of alcoholic liquor; except, that a license may be granted to such official in relation to premises that are not located within the village if the issuance of such license is approved by the state liquor control commission; and except, that a license may be granted by the village to any member of the village board of trustees in relation to premises that are located within the village if: a) the sale of alcoholic liquor pursuant to the license is incidental to the selling of food; b) the issuance of the license is approved by the state commission; c) the issuance of the license is in accordance with all applicable village ordinances; and d) the official granted a license does not vote on alcoholic liquor issues pending before the village board of trustees. Notwithstanding any provision of this subsection A14 to the contrary, a member of the village board of trustees other than the president may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor as long as he or she is not a law enforcing public official, a mayor, a village board president, or president of a county board. To prevent any conflict of interest, the elected official with the direct interest in the manufacture, sale, or distribution of alcoholic liquor cannot participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor.
15. A person who is not a beneficial owner of the business to be operated by the licensee.
16. A person who has been convicted of a gambling offense as proscribed by any of subsections (a)(3) through (a)(11) of 720 Illinois Compiled Statutes 28-1 of, or as proscribed by 720 Illinois Compiled Statutes 28-1.1 or 28-3, or as proscribed by a statute replaced by any of the aforesaid statutory provisions.
18. A person who intends to sell alcoholic liquors for use or consumption on his or her licensed retail premises who does not have liquor liability insurance coverage for that premises in an amount that is at least equal to the maximum liability amounts set out in subsection (a) of 235 Illinois Compiled Statutes 5/6-21.
B. A criminal conviction of a corporation is not grounds for the denial, suspension, or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation and the corporation has terminated its relationship with each director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. The commission shall determine if all provisions of this subsection have been met before any action on the corporation's license is initiated. (2011 Code)
Notes
| 1 | 1. 805 ILCS 5/1.01 et seq. |
| 2 | 2. 805 ILCS 180/1-1 et seq. |
| 3 | 1. 230 ILCS 15/0.01 et seq. |
| 2 | 2. 230 ILCS 20/1 et seq. |